Order 1

Order Details: Other
Pdf Text: Daily Status
IN THE COURT OF :COURT 3 ADDL. SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0102107/2018
Babu Miya Ismail Sheikh And Ors - Suit NO.6775 of 2000 Vs Ibrahim Pir Bhai Shaikh And Ors
Date : 28-06-2018
Business : Adv. Shaikh for plaintiff present and tendered original
notice of motion no. 2107/2018 alongwith affidavit. Adv.
Rajesh Patil for defendants present. Heard both sides in NM
No.2107/2018. This notice of motion is filed by the plaintiff
for setting aside order dated 19.1.2018 whereby the
evidence of plaintiff was closed. The record shows that the
affidavit evidence was filed on behalf of plaintiff on
30.11.2015. The matter is pending for cross examination
since 27.10.2016. Since then the matter was adjourned at
the request of advocate for plaintiff. The PW-1 was also
changed as per the request made on 4.12.2017. However
again on 19.1.2018, the plaintiff could not produce the
witness. Ld. Counsel for plaintiff has urged that the counsel
was changed by the plaintiff and earlier counsel was
discharged in June 2017. However that cannot be a reason
for not producing the witness since more than one and half
year. The matter is 18 years old and sufficient opportunity
has been granted to the plaintiffs. Hence notice of motion
no. 2107/2018 is rejected. The defendant was granted last
chance to file evidence on 3.3.2018. Again time was
granted on 7.4.2018. Today also the Ld. Counsel for
defendants is seeking time on the ground of pendency of
the notice of motion filed by plaintiffs. I find that the
defendants had sufficient opportunity to adduce evidence.
Hence the request for further time is rejected and evidence
of defendants is hereby closed. Ld. Counsel for defendants
informs that the order dated 30.3.2015 deciding preliminary
issue has been challenged by the defendants before the
Hon&amp#039ble High Court. However said petition
is pending without interim orders.
Nature of Disposal : DISMISSED
Disposal Date : 28-06-2018
COURT 3 ADDL. SESSIONS JUDGE
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